Blood Bank Laws: Click To Edit Master Title Style

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BLOOD BANK
LAWS
Presented by:
J e n n i f e r M a u r e e n T. C a l d i t o
Jed Aerron C. Muli

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Click to edit Master title style

Republic Act No. 1517


An Act regulating the collection, processing and sale of
human blood and the establishment and operation of
Blood Banks and blood processing laboratories

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Section
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to edit

• In order to promote public health, it is declared a national policy to


prevent trafficking in human blood and its products and derivatives

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Section
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• “ Blood” means human blood, processed or unprocessed, and


includes its products and derivatives.

• “Person” includes corporations, partnerships, associations, and
organizations.

• “Cost” means the actual purchase price of unprocessed blood and
its handling charges, such as those for its collection, processing,
storage, transportation, and sale, and a reasonable allowance for
spoilage

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Section
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to edit

• unlawful for any person to establish or operate a blood bank or blood


processing laboratory, or to collect or process blood if he is not a licensed
physician, or to sell blood collected from another person, even if
authorized by the latter, without first securing a license from the
Department of Health
• in cases of emergency, blood transfusion shall be allowed under the
responsibility of the attending physician without such license
• persons operating blood banks and blood processing laboratories on the
date of the approval of this Act may continue to operate and same if they
secure such license within sixty days from the date of the issuance of the
rules and regulations provided for in section five hereof

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• No license shall be granted or renewed by the Department of Health:


- establishment or operation of a blood bank or blood processing
laboratory
- collection and/or processing of blood unless the licensee complies
with the requirements hereinabove established for blood banks and
blood processing laboratories

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Section
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to edit

• Blood banks and processing laboratories shall be operated on a


non-profit basis. Blood collecting or processing by other blood
collectors or processors or by individual physicians shall also be on
a non-profit basis
• Blood shall be sold by such banks and laboratories, other blood
collectors or processors, and individual physicians at cost

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Section
Click 5 Master title style
to edit

• Secretary of Health is charged with the responsibility of strictly


enforcing this Act, and shall issue such rules and regulations as may
be necessary to carry out its provisions, including rules and
regulations prescribing, from time to time, the maximum ceilings for
handling charges of blood, such as charges for its collection,
processing, storage, transportation, and sale, and a reasonable
allowance for spoilage, which shall be considered as part of the cost
of blood

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Section
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to edit

• Any person who violates any provision of this Act or of the rules and
regulations issued thereunder shall be punished by imprisonment for
not less than one month and not more than one year or by a fine of
not less than one hundred pesos and not more than one thousand
pesos or by both such fine and imprisonment in the discretion of the
court

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Republic Act No. 7719


An Act promoting voluntary blood donation, providing
for an adequate supply of safe blood, regulating blood
banks, and providing penalties for violation tehreof

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Section
Click 1: Declaration
to edit of Policy
Master title style

• to promote and encourage voluntary blood donation by the citizenry


and to instill public consciousness of the principle that blood
donation is a humanitarian act;
• to lay down the legal principle that the provision of blood for
transfusion is a professional medical service and not a sale of a
commodity;
• to provide for adequate, safe, affordable and equitable distribution of
supply of blood and blood products;
• to inform the public of the need for voluntary blood donation to curb
the hazards caused by the commercial sale of blood;
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• to teach the benefits and rationale of voluntary blood donation in the


existing health subjects of the formal education system in all public and
private schools, in the elementary, high school and college levels as well
as the non-formal education system;
• to mobilize all sectors of the community to participate in mechanisms for
voluntary and non-profit collection of blood;
• to mandate the Department of Health to establish and organize a National
Blood Transfusion Service Network in order to rationalize and improve the
provision of adequate and safe supply of blood;
• to provide for adequate assistance to institutions promoting voluntary
blood donation and providing non-profit blood services, either through a
system of reimbursement for costs from patients who can afford to pay, or
donations from governmental and non-governmental entities:

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• to require all blood collection units and blood banks/centers to


operate on a non-profit basis;
• to establish scientific and professional standards for the operation of
blood collection units and blood banks/centers in the Philippines;
• to regulate and ensure the safety of all activities related to the
collection, storage and banking of blood; and
• to require upgrading of blood banks/centers to include preventive
services and education to control spread of blood transfusion
transmissible diseases

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Section
Click 3: Definitions
to edit Master title style

• Blood/blood product – refers to human blood, processed or unprocessed


and includes blood components, its products and derivatives;
• Blood bank/center – a laboratory or institution with the capability to recruit
and screen blood donors, collect, process, store, transport and issue
blood for transfusion and provide information and/ or education on blood
transfusion transmissible diseases;
• Commercial blood bank – a blood bank that exists for profit;
• Hospital-based blood bank – a blood bank which is located within the
premises of a hospital and which can perform compatibility testing of
blood;
• Blood collection unit – an institution or facility duly authorized by the
Department of Health to recruit and screen donors and collect blood;

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Click to edit Master title style

• Voluntary blood donor – one who donates blood on one’s own volition or
initiative and without monetary compensation;
• Department – the Department of Health;
• Blood transfusion transmissible diseases – diseases which may be
transmitted as a result of blood transfusion, including AIDS, Hepatitis-B,
Malaria and Syphilis;
• Secretary of Health – the Secretary of Health or any other person to
whom the Secretary delegates the responsibility of carrying out the
provisions of this Act; and
• Walking Blood Donor – an individual included in the list of qualified
voluntary blood donors referred to in Section 4, paragraph (e), who is
ready to donate blood when needed in his/her community

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Section
Click 4: Promotion
to edit Master title of Voluntary Blood Donation
style

• Public Education
- Philippine National Red Cross (PNRC) and the Philippine Blood Coordinating
Council (PBCC), as the lead agencies, other government agencies, local
government units (particularly the barangays), non-governmental organizations,
all medical organizations, all public and private hospitals, all health and health-
related institutions, print and broadcast media as well as other sectors
• Promotion in Schools
- emphasis in health subjects of schools, both public and private, at the
elementary, high school and college levels
• Professional Education
- encouraged to conduct for their respective members and as part of the
continuing medical education, trainings on the rational use of blood and blood
products including the merits of voluntary blood donation

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• Establishment of Blood Services Network


- Blood centers shall be strategically established in every province
and city nationwide within the framework of a National Blood
Transfusion Service Network spearheaded by the Department, in
coordination with the PNRC
• Walking Blood Donors
- In areas where there may be inadequate blood banking facilities,
the walking blood donor concept shall be encouraged and all
government hospitals, rural-health units, health centers and
barangays in these areas shall be required to keep at all times a list of
qualified voluntary blood donors with their specified blood typing

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Section
Click 5: National
to edit Voluntary
Master title style Blood Services Program
• Department, in cooperation with the PNRC and PBCC and other
government agencies and non-governmental organizations shall
plan and implement a National Voluntary Blood Services Program
(NVBSP) to meet in an evolutionary manner, the needs for blood
transfusion in all regions of the country
• Philippine Charity Sweepstakes Office (PCSO) with an initial amount
of at least P25,000,000, by the Philippine Amusement and Gaming
Corporation (PAGCOR) with an initial amount of at least
P25,000,000, by the trust liability account of the Duty Free Shop
(Duty Free Philippines) with an initial amount of at least
P20,000,000 and through contributions of other agencies such as
civic organizations

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Section
Click 6: Upgrading
to edit Master titleof Services and Facilities
style

• All blood banks/ centers shall provide preventive health services


such as education and counselling on blood transfusion
transmissible diseases
• All government hospitals, including those that have been devolved,
shall be required to establish voluntary blood donation programs
and all private hospitals shall be encouraged to establish voluntary
blood donation programs

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Section
Click 7: Phase-out
to edit Master titleof Commercial Blood Banks
style

• AH commercial blood banks shall be phased-out over a period of


two (2) years after the effectivity of this Act, extendable to a
maximum period of two (2) years by the Secretary

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Section 8: Non-Profit
Click to edit Master title Operation
style

• All blood banks/centers shall operate on a non-profit basis: Provided,


That they may collect service fees not greater than the maximum
prescribed by the Department which shall be limited to the
necessary expenses entailed in collecting and processing of blood.
Blood shall be collected from healthy voluntary donors only

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Section
Click 9: Regulation
to edit of Blood Sciences
Master title style

• It shall be unlawful for any person to establish and operate a blood


bank/center unless it is registered and issued a license to operate
by the Department: Provided, That in case of emergencies, blood
collection and transfusion under the responsibility of the attending
physician shall be allowed in hospitals without such license under
certain conditions prescribed by the Department
• No license shall be granted or renewed by the Department for the
establishment and operation of a blood bank/ center unless it
complies with the standards prescribed by the Department

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Section
Click 10:Master
to edit Importation of Blood Bank Equipment,
title style
Blood Bags and Reagents

• Equipment, blood bags and reagents used for the screening and
testing of donors, collection and processing and storage of blood
shall be imported tax-and duty-free by the PNRC, blood banks and
hospitals participating actively in the National Voluntary Blood
Services Program

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Click to 11:
Section editRules
Master
and
title
Regulations
style

• Implementation of the provisions of this Act shall be in accordance


with the rules and regulations to be promulgated by the Secretary,
within sixty (60) days from the approval hereof
• Existing Revised Rules and Regulations Governing the Collection,
Processing and Provision of Human Blood and the Establishment
and Operation of Blood Banks shall remain in force unless amended
or revised by the Secretary
• Rules and regulations shall prescribe from time to time the
maximum ceiling for fees for the provision of blood, including its
collection, processing and storage, professional services and a
reasonable allowance for spoilage

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Section
Click 12:Master
to edit Penalties
title style

• Any person or persons who shall be responsible for the above violation
shall suffer the penalty of imprisonment of not less than one (1) month
nor more than six (6) months, or a fine of not less than Five thousand
pesos (P5,000) nor more than Fifty thousand pesos (P50,000), or both at
the discretion of the competent court
• Any person who shall establish and operate a blood bank without
securing any license to operate from the Department or who fails to
comply with the standards prescribed by the Department referred to in
Section 9 hereof shall suffer the penalty of imprisonment of not less than
twelve (12) years and one (1) day nor more than twenty (20) years or a
fine of not less than Fifty thousand pesos (P50.000) nor more than Five
hundred thousand pesos (P500,000), or both at the discretion of the
competent court

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